Discriminatory Firing Claims

To establish unlawful termination through circumstantial evidence, you must prove that: 1. you are a member of a protected class; 2. you were qualified for, and adequately performed, your job; 3. you were terminated from your job; and 4. your employer had a continued need for someone to perform the same work after your were terminated.

For what reasons can I be fired?

Rejection of an applicant or termination of an employee when the individual has failed to meet bona fide requirements for the position is not unlawful. Furthermore, employee misconduct is also a justifiable reason for termination.

Are women a "protected class"?

Yes, as a woman you are considered to be in a protected class.

How do I show that my legally protected class led to my discharge?

You must show that a discriminatory reason more likely than not led to your termination. For example, if you were terminated for a particular workplace violation that doesn’t warrant termination for male employees, this may be enough to demonstrate that you were fired for a discriminatory reason.

What could my employer do to deny my allegations, and how do I respond to their denials?

Once you establish your case, your employer must state a legitimate, non-discriminatory reason for your discharge. You must then prove that the discriminatory reason was a significant or motivating factor in your employer’s decision.